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HomeMy WebLinkAbout5.C.1. Amendment to City Code Sec. 11.60, Subd. 9, Woodland Management Regulations-Ord. No. 791-tabled 3/18/08 S, G. }., CITY OF SHAKO PEE MEMORANDUM (t~, t.~ ~ rr ~'T ~U ~\~ ~ r.:J~ I To: Mayor and City Council Mark McNeill, City Administrator From: Ryan Hughes, Natural Resources Coordinator Meeting Date: April 8, 2008 Subject: Amendment to City Code Sec. 11.60, Subd. 9, Woodland Management Regulations INTRODUCTION: This agenda item seeks review and approval of Ordinance No. 791, Fourth Series, An Ordinance of the City of Shako pee, Minnesota, Amending City Code Section 11.60, Subdivision 9 Relating to Woodland Management Regulations. BACKGROUND: This agenda item was tabled at the March 18, 2008 City Council meeting to allow additional discussion. DISCUSSION: Staff discussed the text amendment with Councilor Lehman during a phone conversation on March 28, 2008. Based on this discussion the following information is provided: 1. No tree replacement is required for the removal of diseased trees affected by Dutch elm Disease or Oak Wilt and storm damaged trees. Storm damaged trees meet the criteria of a Hazard Tree and do not require replacement. 2. Residents applying for a residential building permit to complete small home improvements such as decks, fences, sheds, porches, garages, swimming pools, etc. are allowed to remove two or fewer trees to complete the project without being required to plant replacement trees. Tree replacement would only be required if the project removes three or more trees. 3. A resident removing three or more trees when applying for a residential building permit is not required to submit a Tree Management Plan completed by a Forestry Specialist. A modified version of a Tree Management Plan consisting of a copy of the Certificate of Survey, available at City Hall, showing the hand written location of 1 )existing trees on the property, 2)trees removed on the property, 3)saved trees on the property and 4)replacement trees on the property is acceptable (See Section B.3 of the attached ordinance). City staff would assist residents requesting help to complete the modified Tree Management Plan. Page 1 of2 4. Both the exemption allowing the removal of two trees for residential building permit projects and the modified version of the Tree Management Plan for residential building permit projects were created to address concerns raised by the Environmental Advisory Committee and staff. Both the Environmental Advisory Committee and staff felt requiring existing residents to do tree replacement for the removal of two or fewer trees when completing a small home improvement project was a financial burden. 5. A list of recommended tree species to plant in the City is available for residents at City Hall and the City of Shakopee website. The list consists of species planted by public works that have had a high survivability rate in the past with little or no known insect or disease concerns. 6. Residents choosing to remove trees on their private property when a preliminary plat, minor subdivision, building permit, conditional use permit, variance, fence permit or grading permit is not required can do so without replacing the tree or trees. Trees growing on private property are their private property and residents can remove or plant trees outside easements on their private property without City involvement. 7. A Tree Planting Permit is only required for planting trees in City owned property such as right-of-way or City managed property such as drainage and utility easements or conservation easements. The Tree Planting Permit is free. VISIONING RELATIONSHIOP This agenda item appears to meet the following aspects of the City's vision: Goal: High Quality of Life Strategies: Protect the Environment STAFF RECOMMENDATION: Staff recommends Council adopt the text amendment as presented. REQUESTED ACTION: If Council concurs, offer Ordinance No. 791, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 11.60, Subdivision 9 Relating to Woodland Management Regulations, and move its adoption. Page 2 of2 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Ryan Hughes, Natural Resources Coordinator Meeting Date: March 18, 2008 Subject: Amendment to City Code Sec. 11.60, Subd. 9, Woodland Management Regulations INTRODUCTION: This agenda item seeks review and approval of Ordinance No. 791, Fourth Series, An Ordinance of the City of Shako pee, Minnesota, Amending City Code Section 11.60, Subdivision 9 Relating to Woodland Management Regulations. BACKGROUND: The Planning Commission voted 7-0 to recommend approval of the text amendment at the March 6, 2008 meeting. The Environmental Advisory Committee unanimously approved the text amendment at the February 13, 2008 meeting. DISCUSSION: The key revisions to the existing regulations include: . Preservation of Heritage Trees that can be utilized as focal points. . Tree replacement requirements based on the Natural Resources Corridor Map. . Increased minimum size of replacement trees to 2 caliper inches consistent with other sections of City Code. . Fine or penalty for unauthorized tree removal not consistent with the approved Tree Management Plan. . Financial security requirement to ensure tree replacement and payment of fines or penalties. . Exemptions from section for Residential Building Permit projects for home improvement projects such as decks, porches, fences, and small additions that remove 2 or fewer non-Heritage Trees. These changes are set forth in the attached draft with new language underlined and deleted language struck out. VISIONING RELATIONSHIOP This agenda item appears to meet the following aspects of the City's vision: Goal: High Quality of Life Strategies: Protect the Environment Page 1 of2 STAFF RECOMMENDATION: Staff recommends Council adopt the text amendment as presented. REQUESTED ACTION: If Council concurs, offer Ordinance No. 791, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 1l.60, Subdivision 9 Relating to Woodland Management Regulations, and move its adoption. Page 2 of2 ORDINANCE NO. 791, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 11.60, SUBDIVISION 9 RELATING TO WOODLAND MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.60, subdivision 9 is amended to read as follows: SEC. 11.60 PERFORMANCE STANDARDS. Subd. 9. \^.'Qodland Ire.e ManaQement ReQulations. The following requirements and standards shall apply to any aQevelopment on any parcel of land containing a 1JIJ00dland Tree and for which a preliminary plat, minor subdivision, building permit, conditional use permit. variance. fence permit. or grading permit is required. A. Definitions. Applicant means any person proposing a Development. Caliper Inch means the measurement of a tree trunk measured at 6 inches above the root ball or accordinq to the method of caliper measurement of a tree trunk as stated bv the most recent American Standard for Nursery Stock bv the American Nursery & Landscape Association. Development means (1) tho construction of a now building or new structuro on a vacant parcel of land containing a woodland; (2) the platting or subdivision of 3 parcel of land containing 3 'Noodland; or (3) any activity for which a preliminary plat. minor subdivision. buildinq permit, conditional use permit. variance. fence permit or grading permit is required on land containing a woodland Tree. Diameter at Breast Height, or DBH, means the length of a straight line through the trunk of a tree (in inches) measured at fifty-four {54} inches above the ground from the uphill side of the tree. Dormant Season means the time between leaf drop in the fall and earlv sprinq before budbreak, Dripline means an imaqinarv vertical line that extends from the outermost branches of a tree's canopy to the qround. Forestry Specialist means a tree inspector or forester certified bv the State of Minnesota. GrowinQ Season means the time between bud break in the sprinq and leaf drop in the fall. Hazard Tree means a tree posinq a threat to property or people that has visible hazardous defects such as dead wood. cracks, weak branch unions, decay, cankers, root problems, or poor tree architecture as defined bv the United States Department of Aqriculture - Forest Service - Northeastern Area's publication How to Recoanize Hazardous Defects in Trees (NA-FR-01-96). HeritaQe Tree means a tree that has all of the followinq characteristics: .L Is a deciduous tree; 2. Has a DBH equal to or qreater than twenty-four (24) inches (a lesser size tree may be considered to be a Heritaqe Tree if it is a rare species or can be utilized as a focal point in the proiect); 3. Has a life expectancy of qreater than ten (10) years; and 4. Has structural inteqrity and shows no visible defects that would cause it to be classified as a Hazard Tree; Natural Resources Inventory m8ans inform::ltion m::lintained by the City baeed on :3 study conducted by the City of Shakopee in 2002 that identifies ::Ind c1aesifles the land cover of the City of Shakopee, Jackson TO'.\'nship ::Ind Louisville TO'....nship in ;) project area covoring 32.551 acres. Minnesota land Cover Classification System (MlCCS) is a compreheneive cl;)seiflc::ltion eystem that identifiee cultur::ll ;)nd n::lturalland CO'Jere types ::Ie well as providing ::I multitude of othor l:3nd pl;)nning data. Natural Resources Corridor Map means the City's most recently adopted Natural Resources Corridor map. This map is incorporated into the City's Comprehensive Plan throuqh the Natural Resource Plan component. Natural Resource Corridor Priority Rankina means the areas identified as Good. Better. Best. or Buffer on the Natural Resources Corridor Map. Replacement Tree means a two (2) Caliper Inch balled and burlapped Tree planted consistent with Section 7.05 and 7,18 of the City Code. Residential Buildina Permit means any buildinq permit or fence permit required by Section 4.03 of the City Code for property used as a sinqle family dwellinq unit. Examples include. but are not limited to. sheds. decks. porches. qaraqes. swimminq pools. fences or buildinq additions, Tree means a living specimen of a woody plant species that is either a deciduous tree whose diameter is six (6) inches or greater at DBH. or a coniferous tree whose height is twelve (12) feet or greater. Tree Manaaement Plan is the tree inventory. removal, preservation. and replacement plan for a site where an Applicant proposes to remove a Tree. Tree Protection Fencina means oranqe snow fencinq or polyethylene laminate safety nettinq placed at the Dripline of Trees to be preserved, Woodland me::lns the ::Ire;) within the contiguous dripline created by :3 grouping of woody pl::lnt speciee if the grouping cont::lins ::It le;)st one (1) Tree. B. Woodland Tree Management Plan Requirements. 1. Any Applicant who desires to remove any Tree on any parcel of land containing a Woodl::md must submit a 'Noodl::lnd Tree Management Plan to the City and must demonstrate that there are no feasible or prudent alternatives to removing any Tree. 2 2. The 'Noodl::md Tree Management Plan for a Development requirinq a preliminary plat. minor subdivision. commercial buildinq permit. conditional use permit, variance or qradinq permit must be completed by a Forestry Specialist and consist of the followinq information: 3 surveyor scaled dr3'....ing showing the topogr3phy, bound3ries, woodl::mds, fens. wetlands 3nd individu31 trees or vegetation with an overby of tho proposed improvements including, but not limited to, stroots, building pads, drive'....ays, utilities, structures, and f-3cilities. Tho drawing Sh311 clearly illustrate the 3reas of Trees 3nd '1Voodlands proposed for remov31 and the m3nner by which the /\pplic3nt intends to repl3ce tho removod Treos. ill Tree Inventory Sheet A survey depictinq the location of all existinq Trees on the property and the Natural Resource Corridor Priority Rankin!:! for each Tree. Each Tree shall be labeled with a unique identification number. Q) Tree Removal/Preservation Sheet A scaled drawinq depictinq the locations of the Trees to be preserved and Tree Protection Fencinq. Trees intended for removal shall be clearly distinquishable from those intended for preservation. Proposed lot lines. buildinq pads, driveways. streets. easements. and any areas in which Tree removal is expected shall be shown, !D Tree Inventory Leaend Sheet A paqe providinq a matrix or table listinq the unique identification number for the Tree(s). the species or common name of the Tree(s). the size in Caliper Inches at DBH. and an indicator as to whether the Tree is intended for removal or preservation. Q1 Tree Replacement Sheet A scaled drawinq depictinq the Replacement Tree locations with a leqend identifvinq each Replacement Tree's species and size and the quantity of Replacement Trees to be planted. 3. Site inspections to onsure complbnco with the VVoodland Man3gement Regulations must occur prior to the issuance of any pormit for the Dovelopment. The /\pplic3nt must survey and st3ko all plattod property linos, stroots, parks, opon Sp3COS, building p3ds and treo protBction areas prior to site inspection. Applicants for a Residential Buildinq Permit must complete the City's "Tree Manaqement Evaluation and Compliance Form" as their Tree Manaqement Plan. The City must also be provided with a certificate of survey that contains the followinq information: ill The location of all existinq Trees on the property; Q) The location of all Trees to be removed; !D The location of all Trees to be preserved; and Q1 The location and species of all Replacement Trees, 4. No qradinq or buildinq permits shall be issued by the City until the applicant has installed any required Tree Protection Fencinq and the Tree Protection Fencinq has been inspected and approved by the City, 3 5. Any chanqes to the Tree Manaqement Plan shall be submitted in writinq to the City by the Applicant for approval. If the chanqe includes any additional Tree removal, an additional inspection and approval by the City of the Tree Protection Fencinq will be required, 6. All information contained in the Tree Manaqement Plan must not be more than one (1) year old at the time of submittal. L.. Trees required to be removed pursuant to Section 10.70 of the City Code shall be identified as removed on the Tree Manaqement Plan and must be removed. Trees removed consistent with Section 10.70 of the City Code are exempt from the Replacement Tree Requirements of this Section. c. Tree Preservation Requirements. L All Heritaqe Trees must be preserved. Heritaqe Trees evaluated and concluded to be a Hazard Tree or not suitable as a focal point for the proiect by a Forestry Specialist are exempt from this requirement. 2. The Applicant must preserve all of the Trees identified as Trees to be preserved on the Tree Manaqement Plan. c~ +rea Replacement Tree Requirements. 1. The measure amount of tFee FBeplacement Trees required will be based on the quality of the woodland or forest located on the parcel of land to be developed, as classified on the Forestl'lVoodlands Quality Map in the Natural Resources Inventory ("NRI"). If the Applicant's woodland is not in the NRI, the Minnesota Land Cover Classification System will be used to determine the quality of the 'Noodl3nd or forest. removed Tree's Natural Resource Corridor Priority Rankinq. The Applicant shall replace removed trees according to the following schedule: High Quality Woodlands/Forest Replace one Tree for every Tree removed Medium Quality'Noodl3nds/Forest Replace One Tree for every two Trees removed Low Quality Woodlands/Forests Replace one Tree for every three trees removed Tree's Natural Resources Corridor Replacement Tree Ratio: Prioritv Rankina: Best 1: 1 Remove: Reolace Better 2:1 Remove: Replace Good 3:1 Remove: Reolace Buffer 4:1 Remove: Reolace 2. Reforestation ~lnd I3ndscaping should utilize a variety of tree species, and Replacement Trees shall not utilize any species presently under disease or insect epidemic2 without prior written approval from the City. 3. No more than one-third (1/3) of the Replacement Trees may be anyone species of trees. 4 ~. The species of Trem; pl3nted Replacement Trees must be hardy under local conditions. must be compatible with the local landscape, must be appropriate for the soil conditions on the property, and must not be less than two (2)one 3nd 3 h31f (1 1/2) Caliper +Inches diameter at DBH. 4~. Any Trees required by +!he Git)4; landscaping requirement~ set forth in Section 11.60 of the City Code for +!rees will count towards the Tree fBeplacement Requirements of required by this Subdi':ision Section. 6. If a Tree cannot be located on the Natural Resource Corridor Map, the Tree's Corridor Priority RankinQ shall be classified as "qood" for purposes of determininq the replacement ratio. 7. Replacement Tree quantities shall be rounded UP to the nearest whole number. 5~. The City may accept other vegetative or environmental alternatives proposed by an Applicant if those alternatives are monetarily or ecologically equivalent to the value of the Replacement Tree~repbcement required by this Subdivision Section. 9. All Replacement Trees shall be planted durinq the ideal plantinq season for the particular species. The ideal plantinq season for most tree species is durinq the Dormant Season. Any Replacement Tree plantinq not completed durinq the Dormant Seasons must be completed with caution durinq the summer months in warm and dry conditions, Gg. Tree and 1JIJ00dlands MitiQation Standards. 1. All Development activities, including grading and contouring, must take place in such a manner that the root zone 3eration stability of existing Troes are not affected and must provide existing Trees with a .....atering area equ31 to a minimum of no more than one-half (1/2) of the GfGWR area within the Dripline of any Tree to be preserved is impacted. 2. Installation of snow fencing or polyethylene lamin3te safety netting shall bo placed at the drip line or at the perimoter of the critical root zone. 't:hichever is greater, of Trees and VVoodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within the fencod area Tree Protection Fencinq. 3. The Applicant and tho Applicant's contractors shall tako stops to pro'lont tho change in soil chomistry due to concrote 'Nash out :md loakage or spill3ge of toxic matorials. such 3S fuols or paints. IJlJachout aroas must bo identifiod on site and signage of those areas should bo providod in the construction ama. 4. Tho Bost Managoment Practices recognizod by tho City Sh311 be followod, 3. Structures, driveways, and parking facilities shall be located in such a manner that the maximum number of Trees should be preserved. 4. To control the overland spread of Oak Wilt, the pruninq of Oak trees or collateral damaqe to Oak trees from adiacent tree removal shall be avoided from April 1st thru July 31st which is the most susceptible period of 5 infection. F. Unauthorized Tree Removal. 1:. Any person, firm, or corporation who removes or causes the loss of Trees identified to be preserved on an approved Tree Manaqement Plan shall be required to complete one of the followinq as determined by the City: ill Installation of Replacement Trees accordinq to the DBH of the Tree removed; or i) The Replacement Tree ratio shall be two (2) Caliper Inches for everyone (1) DBH inch of Tree removed; ii) All Replacement Trees required by this Section shall be planted within the same development. Q} Payment to the City of $500.00 for every one (1) DBH inch of Trees removed that were unauthorized. This amount may be taken by the City from the financial security posted by the Applicant for Tree Replacement. G. Financial Security. 1:. In order to ensure that there is compliance with the submitted Tree Manaqement Plan and to ensure replacement of any Replacement Trees that die durinq the warranty period and the removal of any diseased trees, the Applicant shall provide the City with a cash deposit. a letter of credit or escrow. in favor of the City, in an amount of one hundred and fifty (150) percent of the Tree Replacement Requirement estimate, 2. All Replacement Trees planted must be warranted throuqh two complete Growinq Seasons. If a Replacement Tree dies durinq the warranty period, it must be replaced with a Tree of the same size and species, Prior to the expiration of the warranty period, a Forestry Specialist shall inspect the Trees, As Trees are declared healthy by the Forestry Specialist upon inspection. the Applicant may request reductions to the financial security amount provided that adequate funds remain equal to one hundred and fifty (150) percent of the cost to complete the remaininq work, 3. Any trees required to be removed per Section 10.70 of the City Code from a site shall be removed and disposed of accordinq to Section 10.70 of the City Code prior to release of the financial security, 4. Residential Buildinq Permit Applicants and the City shall be exempt from the financial security requirement of this Section. eH. Miscellaneous. 1. The removal of diseased Trees or Trees seriously d3m3ged by storms or other 3cts of God is permitted per Section 10.70 of the City Code or Hazard Trees is required, No Replacement Trees shall be required for the removal of these trees. 2,. No grading or building permits sh311 be issued until the /\pplic3nt h3s im:t:Jlled proper protective fencing 3round the Trem: being presorved or 6 protected and shall be inspected by tho City prior to approval. 2. Proiects involvinq a Residential Buildinq Permit that requires the removal of two (2) or fewer non-Heritaqe Trees are exempt from the requirements of this Section. 3. If the Applicant disagrees with the City staff decision with respect to the interpretation or enforcement of this Subdivision Section, the Applicant may appeal that decision by following the procedure established in Section 11.90, APPEALS, of this Code. Reforestation and landscaping shall utilize a variety of tree species and shall not utilize any species presontly under dis8aso epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape. Section 2. Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official Summary of Ordinance 791", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours, Section 4, The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and Shakopee Library. Section 5. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _day of ,2008, Mayor of the City of Shakopee ATTEST: City Clerk (New language is indicated by underlininq and deleted language is indicated by strikethroughs) 7 Official Summary of Ordinance No. 791 The following is the official summary of Ordinance No. 791, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota on March 18,2008. ORDINANCE NO. 791, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.60, SUBDIVISION 9 RELATING TO WOODLAND MANAGEMENT REGULATIONS 1. The Ordinance amendment changes the title of Chapter 11, Section 11.60, Subdivision 9 from "Woodland Management Regulations" to 'Tree Management Regulations," 2. The Ordinance amendment applies the City Code's tree management requirements and standards to additional types of applications, which are: conditional use permits, variances and fence permits. 3. The Ordinance amendment sets forth the submittal requirements for tree management plans and the City's Tree Management Evaluation and Compliance Form. 4. The Ordinance amendment establishes tree preservation requirements for Heritage Trees (which are defined in part as deciduous trees with a diameter equal or greater than 24 inches). 5. The Ordinance amendment requires replacement trees for trees being removed based on the tree's Natural Resource Corridor Priority Ranking which references the City's Natural Resources Corridor Map. 6. The Ordinance amendment increases the minimum size of required replacement trees to two caliper inches, 7, The Ordinance amendment establishes penalties and fines for unauthorized tree removal. 8. The Ordinance amendment establishes a financial security requirement in order to ensure replacement tree installation and compliance with the submitted tree management plan. 9, The Ordinance makes an exemption from the tree management regulations for projects involving a residential building permit where two or fewer non-Heritage Trees are to be removed. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library.